Legal Power of a Homeowners Association?

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Servant King

Lifer
Nov 27, 2020
4,747
27,604
39
Frazier Park, CA
www.thechembow.com
No one ever owners their home or any property for that matter. Quit paying your taxes and it will become clear who you rent your property from.
^^^^ This. Exactly this!

I guess if they called it "renting from [fill in the blank] County" instead of "property tax," people would start to see reality a little bit. But then the latest news on Kim Kardashian would come up on the Twitter feed, and that'd put the kibosh on the brief foray into reality, methinks...
 
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warren

Lifer
Sep 13, 2013
12,314
18,388
Foothills of the Chugach Range, AK
Failure to pay property tax doesn't automatically mean loss of title. It has to work through the courts. And, a lot of negotiation can happen in that time. But, not paying your taxes means you are refusing to pay for service you are using so, a contract has been broken and you, the property owner reneged on your end of the bargain. It isn't always about the poor, put upon, hapless property owner.
 

FurCoat

Lifer
Sep 21, 2020
10,206
96,477
North Carolina
^^^^ This. Exactly this!

I guess if they called it "renting from [fill in the blank] County" instead of "property tax," people would start to see reality a little bit. But then the latest news on Kim Kardashian would come up on the Twitter feed, and that'd put the kibosh on the brief foray into reality, methinks...
I'm surprised no one, and I don't mean this forum but in general, is talking much on the proposed 3% federal property tax.
 
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jpmcwjr

Lifer
May 12, 2015
26,273
30,299
Carmel Valley, CA
If you don't have the title sitting in safety deposit box, your don't own your house . . . the lender does.
True, nice to be out of debt
While it may seem like the mortgage holder is the owner, he/she/it does not own the property. The title holder —i.e., whose name is on the title—does, regardless of where the title is housed or by whom.
 

warren

Lifer
Sep 13, 2013
12,314
18,388
Foothills of the Chugach Range, AK
I was a bit flippant earlier. The title holder is usually shown, in my State anyway, as the person responsible for taxes etc. However, the lien holder (lender) usually has taxes in the loan payment (CYA maneuver) and is responsible for paying/forwarding them on to the taxing agency. If that isn't the case, the agency moves on the owner, wins the case, the lein holder covers the arrears and becomes the owner of the residence. Now the proud owner, soon to be, hopefully, the seller and new lien holder. Lotta agencies and laws involved which is why many lawyers specialize in that part of the lawyer business.

And, to further complicate matters, mortgages are usually sold to other lending institutions who specialize in managing such.
 

cigrmaster

Lifer
May 26, 2012
20,248
57,309
66
Sarasota Florida
Where I live I just got my home owners tax bill. If I pay it now instead of March 15th I save a whopping 102 bucks. I pay it now as I look at that 102.00 as a third of the cost for a nice pipe. It isn't like my money is earning any interest leaving it in the bank.
 

telescopes

Pipe Dreamer and Star Gazer
Thanks for the info. Sounds like the owner doesn't really 'own' the home if the sale is subject to an outside entity, but they all know this going into it.
Nonsense. I guess you don’t really own your car because you can’t take the seat belts out. HOAs protect neighbors from neighbors who think they have a GD right to F$&k up their neighborhood’s property values without consideration for those around them. I have been an HOA president for a long time and the power of the HOA is limited to the CC&Rs and approved Architecture guidelines. If neighbors don’t like the guidelines they can recall the board and run members who will put up new guidelines for a vote or they can run for board positions themselves. Regardless, I have found that those who hate HOAs need to look somewhere else. But don't complain about the trash that impacts your property values when you go to sell. Or that barking dog at three in the morning or that loud music at all hours of the night. Oh, that’s right, it’s coming from your house. Right, I can see now why you don’t like HOAs. LOL.
 

instymp

Lifer
Jul 30, 2012
2,450
1,120
HOAs are what they are and when you buy, hopefully you read bylaws and rules before you sign it and close.
Condo commandos can be irritating.
We have one that I can live with.
 
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wolflarsen

Part of the Furniture Now
Jul 29, 2018
861
2,483
I find this conversation completely mind blowing. People seriously give a crap about what color their neighbor's roof is or what they park on their own private property?

Looking in from the outside it's blatantly obvious that the suburban lifestyle itself breeds the discomfort and insecurity that creates a desire for the suburban lifestyle, complete with it's associated HOA to make people feel comfortable and secure. It's a paradox ... and a great place to be a prozac salesman.
 
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FurCoat

Lifer
Sep 21, 2020
10,206
96,477
North Carolina
Failure to pay property tax doesn't automatically mean loss of title. It has to work through the courts. And, a lot of negotiation can happen in that time. But, not paying your taxes means you are refusing to pay for service you are using so, a contract has been broken and you, the property owner reneged on your end of the bargain. It isn't always about the poor, put upon,

A quick search shows that not to be accurate. Specifically it would seem a federal land tax constitutionally needs to be a fixed fee per individual across all states and not a percentage based on property value.
You're right, it's a 3% surtax on real estate operating profit.
 
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Casual

Lifer
Oct 3, 2019
2,579
9,444
NL, CA
I like the idea of intentional communities, where people with similar standards get together and try to all follow the same rules. They’re generally all joined by a deep respect for a common religion or philosophy, like the Pilgrims, the Amish, even a commune, or heck, burning man.

The whole HOA thing seems a crude simulacrum of one of these, where they let anyone join and then try to intimidate/lawfare their way to compliance.
 
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warren

Lifer
Sep 13, 2013
12,314
18,388
Foothills of the Chugach Range, AK
Of course banishment, shunning and such indicate the limitations of the above. HOA's are simply zoning laws taken farther with the agreement of the members. For those who enjoy well manicured landscapes, etc. HOA's are a god send. For those who cannot or will not coexist with others and "play well with friends", HOA's are not for them.

I do get a kick out of some of the responses here though. If one is opposed to a HOA don't join one. Simply a personal choice and should not require a diatribe. But, some will not be denied! Joining an HOA is just like smoking, a selfish and personal choice. There is no need to bad mouth those who exercise a choice different than yours would be. HOA's are what they are, admisred and useful to some, not so much for others.
 

warren

Lifer
Sep 13, 2013
12,314
18,388
Foothills of the Chugach Range, AK
ou can get a fine/contravention for not cutting your grass that’s said a lot about freedom & humans dehumanizing…
You can get such a fine in many places wild fires or of concern. Often the county will, after asking the owner to cut, do it for owner and earn a tidy piece of money for the favor. They're gonna use a crew and multiple pieces of equipment.